Nandhini v. Dickson

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.16327 of 2023 Nandhini .. Petitioner Vs.

Dickson .. Respondent Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in D.O.P.No.27 of 2023 pending on the file of the Principal District Court at Thoothukudi and transfer the same before the Family Court at Coimbatore. For Petitioner : Mr.M.Jaikumar For Respondent : Mr.M.R.Franklin

ORDER

The petitioner seeks transfer of proceeding in D.O.P.No.27 of 2023 filed by the husband under the provisions of the Indian Christian Divorce Act, 1869 before the Principal District Court at Thoothukudi to be tried at Page No 1 of 4

the Family Court at Coimbatore.

2. The petitioner is a permanent resident of Idayyarpalayam at Coimbatore District. The respondent is a resident of Eral at Thoothukudi. The distance between Thoothukudi and Coimbatore is around 418 Kms.

3. Taking into consideration the interest of the wife, I am inclined to allow this transfer petition.

4. Hence, the proceeding in D.O.P.No.27 of 2023 pending on the file of the Principal District Court at Thoothukudi is withdrawn and it shall stand transferred to the file of the Family Court at Coimbatore.

5. It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel.

6. Accordingly, the Transfer Civil Miscellaneous Petition stands Page No 2 of 4

allowed. No costs. The connected Civil Miscellaneous Petition is closed. 30.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Principal District Court, Thoothukudi 2.The Family Court, Coimbatore Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.16327 of 2023 30.04.2024 Page No 4 of 4